Point of law : Compliance with principle of natural justice is not an useless formality.

JUDGMENT :

1. Heard Mr. Ram Chandra Srivastava, the learned counsel for petitioner and the learned Standing Counsel representing respondents-1 to 4.

2. Challenge in this writ petition is to the order dated 08.12.2021 passed by respondent-4, District Commandant Home Guards, Deoria, whereby services of the petitioner have been terminated.

3. Record shows that petitioner was initially appointed as a Home Guard in the year 1989. At the time of appointment, petitioner submitted his marks-sheet of Class-VIIIth Examination issued by Ashok Intermediate College, Barpar Deoria. He also appended a character certificate of himself wherein date of birth of petitioner was mentioned as 01.06.1966. Subsequently the certificates submitted by petitioner at the time of appointment were sent for verification by respondent-4, District Commandant Home Guards to the concerned institution. Upon verification, it was found that petitioners have submitted forged documents at the time of their appointment in the year 1989. Resultantly a show cause notice dated 30.10.2021 was issued to the petitioner to show on or before 15.11.2021. However, no reply was submitted by petitioner to the said show-cause notice. Ultimately, respondent-4, the District Commandant Home Guards, Deoria passed an order dated 08.12.2021 whereby services of petitioner have been terminated.

4. Feeling aggrieved by above order dated 08.12.2021 passed by District Commandant Home Guards, Deoria, petitioner has approached this Court by means of present writ petition.

5. Learned counsel for petitioner submits that order impugned in present writ petition is manifestly illegal inasmuch as same has been passed without giving any notice or opportunity of hearing to the petitioner. Referring to the averments made in paragraph-13 of writ petition, it is sought to be contended that notice dated 30.10.2021 was never served upon petitioner. As such, no sufficient opportunity of hearing was given to petitioner before passing the impugned order. It is further submitted by learned counsel for petitioner that failure on the part of respondent-4, the District Commandant Home Guards, Deoria in not affording any notice or opportunity of hearing to the petitioner has cause serious prejudice to the petitioner as petitioner has been deprived of an opportunity to plead his case before respondent-4. As such impugned order passed by respondent-4, the District Commandant Home Guards, Deoria is liable to be quashed by the Court.

6. Per contra, the learned Standing Counsel representing respondents 1 to 4 has opposed this writ petition. He submits that petitioner has been terminated from service on the ground that petitioner has obtained appointment on the post of Home Guard basis of forged certificates. Recital contained in the impugned order regarding the same has not been specifically denied in the writ petition. He therefore contends that even if opportunity of hearing is extended to the petitioner the result shall remain unchanged. Compliance with principle of natural justice is not an useless formality. On the aforesaid premise, he submits that impugned order is liable to be sustained and present writ petition is liable to be dismissed.

7. Having heard learned counsel for petitioner, learned AG.A. for state and upon perusal of record, the recital contained in impugned order that petitioner has obtained appointment on the basis of forged certificate, which fact is not specifically denied in the writ petition. As such, no case for interference is made out.

8. In view of above, present writ petition fails and is liable to be dismissed.

9. It is accordingly dismissed.